FIRST AMENDMENT TO CREDIT AGREEMENT
Exhibit 10.1
FIRST AMENDMENT TO CREDIT AGREEMENT
This FIRST AMENDMENT TO CREDIT AGREEMENT (Amendment), dated as of March 9, 2006, among LENNAR CORPORATION, a corporation organized and existing under the laws of the State of Delaware (the Borrower), the lenders that are identified on the signature pages hereto (hereinafter collectively referred to as the Lenders), and JPMORGAN CHASE BANK, N.A., as Administrative Agent (the Administrative Agent).
RECITALS
WHEREAS, the Borrower, the Lenders and Administrative Agent are parties to that certain Credit Agreement dated as of June 17, 2005 (the Credit Agreement);
WHEREAS, the parties hereto desire to amend the Credit Agreement for the purposes set forth herein;
NOW, THEREFORE, the parties hereto hereby agree as follows:
AGREEMENT
1. Use of Proceeds. Without limitation of the provisions of Section 6.10 of the Credit Agreement, the proceeds of Advances may be used to repay maturing commercial paper issued by the Borrower.
2. Amendment of Conditions Precedent. Section 5.02(a)(ii) of the Credit Agreement is hereby amended by adding at the end thereof the following clause:
and provided, further, that the representation and warranty contained in the first sentence of Section 4.04 shall not be required to be true and correct as of the Borrowing Date for an Advance of which the proceeds are used solely to repay maturing commercial paper issued by the Borrower;
3. Ratification. The Credit Agreement, as amended hereby, is hereby ratified and remains in full force and effect.
4. Counterparts. This Amendment may be executed in two or more counterparts, each of which may be executed by one or more of the parties hereto, but all of which, when taken together, shall constitute a single agreement binding on all the parties hereto.
IN WITNESS WHEREOF, the Borrower and the Lenders have caused this Amendment to be duly executed as of the date first above written.
Borrower: | ||
LENNAR CORPORATION | ||
By: | /s/ Bruce E. Gross | |
Name: | Bruce E. Gross | |
Title: | Vice President and Chief Financial Officer |
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Lenders:
JPMORGAN CHASE BANK, N.A.,
As Lender and Administrative Agent
AMSOUTH BANK
BANK OF AMERICA, N.A.
BANK OF COMMUNICATIONS, NEW YORK BRANCH
BANKUNITED, FSB
BARCLAYS BANK PLC
BNP PARIBAS
CALYON NEW YORK BRANCH
CATHAY UNITED BANK LTD.
CHANG HWA COMMERCIAL BANK, LTD., NEW YORK BRANCH
CHIAO TUNG BANK CO., LTD. NEW YORK AGENCY
CHINATRUST COMMERCIAL BANK, NEW YORK BRANCH
CITICORP NORTH AMERICA, INC.
CITY NATIONAL BANK, a national banking association
COMERICA BANK
COMMERZBANK AG, NEW YORK AND GRAND CAYMAN BRANCHES
COMPASS BANK
DEUTSCHE BANK TRUST COMPANY AMERICAS
E.SUN COMMERCIAL BANK, LTD., LOS ANGELES BRANCH
FIFTH THIRD BANK
FIRST COMMERCIAL BANK, LOS ANGELES BRANCH
THE GOVERNOR AND COMPANY OF THE BANK OF IRELAND
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GUARANTY BANK
HSBC BANK USA, N.A.
HUA NAN COMMERCIAL BANK, LTD., NEW YORK AGENCY
THE INTERNATIONAL COMMERCIAL BANK OF CHINA, NEW YORK AGENCY
ISRAEL DISCOUNT BANK OF NEW YORK
LASALLE BANK NATIONAL ASSOCIATION
LLOYDS TSB BANK plc
MANUFACTURERS AND TRADERS TRUST COMPANY
MIZUHO CORPORATE BANK, LTD.
THE NORINCHUKIN BANK, NEW YORK BRANCH
PNC BANK, NATIONAL ASSOCIATION
RBC CENTURA BANK, a North Carolina corporation
REGIONS BANK
THE ROYAL BANK OF SCOTLAND plc
SUMITOMO MITSUI BANKING CORP
SUNTRUST BANK
U.S. BANK NATIONAL ASSOCIATION
WACHOVIA BANK, NATIONAL ASSOCIATION
WASHINGTON MUTUAL BANK, FA
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